Quick Navigation

 

Guidelines for Examination

 
 
9.1.4
Supplementary European search report 

In the case of a supplementary European search report according to Art. 153(7), it is also permissible under certain circumstances to have no documents at all cited on the supplementary European search report (see B-IV, 2.5). In such cases, the expression "No further relevant documents disclosed" will appear in the search report. However, in such cases, the search opinion (if applicable, see B-XI, 7) will give an opinion on the patentability of the claimed invention over the state of the art cited in the International Search Report (B-XI, 1.1).

If the Search Division disagrees with the ISA opinion on the relevance of a document cited in the international search report to the novelty and/or inventive step of the claimed invention, the document in question should not be re-cited in the supplementary European search report with a new, corrected document category. The exception to this is where the examiner wishes to combine a first document found only in the supplementary European search as a "Y" category with a second document already cited in the international search report: in this case the examiner may re-cite the second document from the international search report in the supplementary European search report as a "Y" document in combination with the first document.